State v. . Hicks
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at October Term, 1919, of SAMPSON. Tbe defendant was indicted on a charge tbat be did “willfully and unlawfully sell, or dispose of for gain, to Mat Watson and other persons-, to tbe jurors unknown,, in quantities less than 2% gallons, certain spirituous, vinous, or malt liquors, or a certain mixture containing-alcohol or cocaine, or morphine, or other opium derivative.” Verdict, of guilty, and judgment. Appeal by defendant.
1Opinion of the CourtClark, C. J.
An indictment is sufficient which, simply charges the unlawful and willful sale of vinous liquors without naming the porsou to whom sold. Laws 1913, ch. 44, sec. 6; S. v. Brown, 170 N. C., 714, or without negativing the conditions under which it may be lawfully sold, S. v. Moore, 166 N. C., 284. The indictment in this ease, therefore, omitting surplusage, charges the offense of the unlawful sale of wine. The proviso, in sec. 3, ch. 35, Laws 1911—“this act shall not apply to the sale of domestic wines when sold in a quantity of not less than 2% gallons, in sealed packages or crated, on the…
2Cases cited7 opinions
- State v. . JonesSupreme Court of North Carolina · 1879
- State v. . MooreSupreme Court of North Carolina · 1914
- State v. HolderSupreme Court of North Carolina · 1903
- State v. . BurtonSupreme Court of North Carolina · 1905
- State v. . WainscottSupreme Court of North Carolina · 1915
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3Cited by5 opinions
- State v. . EppsSupreme Court of North Carolina · 1938
- State v. EppsSupreme Court of North Carolina · 1938
- State v. SnyderNew Mexico Supreme Court · 1924
- State v. . TaylorSupreme Court of North Carolina · 1899
- State v. HardinSupreme Court of North Carolina · 1922